Status Report 2002-2003

Implementation of Section 41 of the
Official Languages Act

General Information

1. Identification of the institution

Department of Justice of Canada
284 Wellington Street
Ottawa, Ontario
K1A 0H8

Tel.: (613) 957-4358
Fax: (613) 946-3106

http://www.justice.gc.ca

2. Brief description of the report

This document reports on the achievements of the Department of Justice Canada for the year 2002-2003 relating to Section 41 of the Official Languages Act.

3. Brief description of the institution's mandate

The Department of Justice works to ensure that Canada's justice system is as fair, accessible and efficient as possible. The Department helps the federal government to develop policy and to make and reform laws as needed. At the same time, it acts as the Government's legal advisor, providing legal advice, prosecuting cases under federal law, and representing the Government of Canada in court. As such, the Justice Department serves Canadians indirectly by acting as the Government's law firm, rather than by directly handling citizens' personal or individual matters. The Department's responsibilities reflect the double role of the Minister of Justice, who is also the Attorney General of Canada: while the Minister is concerned with questions of policy and their relation to the justice system, the Attorney General is the chief law officer of the Crown.

The Department of Justice manages some programs that may be of interest to official language minority groups, such as the National Strategy on Crime Prevention.

The Department of Justice and Canadian Heritage jointly administer the Program for the Integration of both Official Languages in the Administration of Justice (POLAJ).

4. Responsible Officers

5. Period covered

This report covers the period from April 1, 2002 to March 31, 2003.

Context

The Department of Justice has developed two distinct, interrelated and parallel components for the implementation of Section 41 of the Official Languages Act.

Community Component

This component will deal more specifically with the needs of the official language minority communities concerning access to the Departmental programs as well as the participation of these groups in the development of policies departmental.

Such a choice from the outset reduces the risk of scattering resources and ensures that the individuals responsible for the Community Component will be able to concentrate their efforts, energies and available resources to achieve definite results responding to the priority needs identified by minority communities and Justice Canada.

Access to Justice and Linguistic Duality Component

One component will specifically target the subject of access to justice and the needs of the defendants and persons using the judicial system. The Action Plan for Official Languages introduces the strategic axes in that area (4.2.3 — Justice, p. 45). Justice Canada will develop a strategic plan and an accountability framework centred on results aimed specifically at the implementation of access to justice initiatives. The promotion of the linguistic duality specified in Section 41 of the Act will also be integrated in this Strategic Plan.

6. Means used to identify needs of official language minority communities at the national, provincial and territorial levels

In September 2002, the Department of Justice has undertaken a strategic planning exercise on the implementation of Section 41 of the Official Languages Act.

The development of a strategic plan included four phases : 1.Internal and External Environmental Scan; 2. Development of Immediate, Intermediate and Final Outcomes (results); 3. Development of the Department's approach concerning the implementation of Section 41 of the Act; 4. Development of the Results-Based Accountability Framework (RMAF).

Findings concerning the implementation of Section 41 at Justice Canada: 1994-2002

An environmental scan undertaken in the fall of 2002 revealed the following findings:

Internal reach concerning the implementation of Section 41 is high in the field of access to justice but nearly non-existent in the field of social policy orientation. The exception is a few branches who have more in-depth knowledge of official language minority communities.

Reach within the communities is very limited. In general, the official language community groups have very limited knowledge of Justice Canada programs and services. This situation is not limited to official language communities. The Department carried out a study in December 2000 which concluded that the Canadian public as a whole has limited knowledge of Justice Canada's programs and initiatives. This study recommended that Justice Canada implement public awareness strategies to create a better understanding of how the Department's programs and services contribute to the protection and well-being of the Canadian population.

There are two levels of need related to the communities in the implementation of Section 41. One level concerns access to justice in both official languages. The other level concerns the social policy orientation of the Department.

To date, most Section 41 implementation efforts have dealt with the first level related to access to justice. Less effort has occurred concerning the social policy needs.

Certain groups and certain segments of the communities are disadvantaged or could be considered disadvantaged. These include women suffering from aggression and violence, ethnocultural communities, youth and seniors. The needs of the "at risk" groups are more closely linked to the social policy orientation of Justice Canada. In certain instances, the needs of these groups also link to access to justice in both official languages.

7. Principal needs identified at the national, provincial and territorial levels

Consultation with the Official Language Minority Communities

Following Departmental consultations in November 2002 an environmental scan, an effective and efficient implementation of Section 41- Community Component should address more specific needs in four areas:

The Department is moving forward towards the adoption of a Five-year Action Plan (2004-2009) and a results-based accountability framework.

8. Reorganization of the Official Languages Files at the Department of Justice Canada

In order to group the main actors working on official languages issues, the Official Languages Law Group and the Francophonie, Justice in Official Languages and Legal Dualism Bureau reports to the Associate Deputy Minister of Justice and Champion of Official Languages. The Official Languages Law Group provides, legal advice to the federal government on official languages issues. The Group also supports litigators at all levels of courts and develops and coordinates the position of the Government in language rights cases. The Group is responsible for policy development on languages rights.

The Francophonie, Justice in Official Languages and Legal Dualism Bureau is responsible for the coordination of initiatives and programs related to justice in official languages. It coordinates the National Program for the Integration of Both Official Languages in the Administration of Justice (POLAJ). The purpose of this Program is to improve the access to justice in both official languages in Canada. In addition, the Bureau coordinates the implementation of Section 41 of the Official Languages Act . In this respect, it is important to mention that for the first time, the Department of Justice Canada has hired a National Coordinator as an expert on official languages minority communities issues for the implementation of Section 41.

The Bureau also coordinates the promotion of bijuralism within the Department as well as with the Canadian legal community underscoring this aspect of the Canadian diversity.

N.B.: In this report, the use of the masculine form is intended to refer to both women and men.